Honestly, I think they are and here's why.

I don't know what state you are in but I know a woman who is a severe alcoholic. She was arrested for drunk driving and child endangerment and is registered as such for the next 7 years. What this means for her pending divorce? She will absolutely 100% not be granted custody. In fact, it's so bad that she can only have supervised visitation.

Now, this all happened recently so who knows how things may change down the road. But your BF is in a really tough spot. Unfortunately for him, the judge is most likely going to view anything legally on record as having more weight than some of the things you mentioned above about BM.

I don't know your entire history so I won't offer much in the way of suggestions but has your BF discussed with his atty other options if he's not able to win custody? Such as outlining changes to the custody arrangement that would protect the child from BM's boyfriend?? That might be tough as well because you could end up opening a can of worms that would result in BF losing his ability to see his child.

I don't know. I'm not an expert by any means but I believe your concerns are certainly justified. I would be researching your state's laws as much as possible.

I guess it depends on the state, but we had some pretty good evidence AND no legal records or our part and still didn't win. This was in GA. They worship BMs there, so we spent close to $10G for nothing.
I would say he's fighting a losing battle, esp since he has a DUI conviction w/his daughter involved.

My honest opinion is your DH is gonna get taken to the cleaners and not get custody on the process. He may even lose some, if the courts don’t know his history of alcoholism and putting his child in a very dangerous situation.

“His FSD10 was in the car with him, which resulted in his being awarded a conviction of child endangerment”
++++++++++++++++++++
This will only be ONE of the reasons he will not win.

“Before this incident he has sporadic charges related to drinking, etc. that go back to the early 1990s.”
++++++++++++++++++++++
This will hurt him also.

Now on to the reasons he thinks BM will lose custody…

BM's BF has a spotty legal history too (all drug/alcohol-related). He recently completed a year in jail.
+++++++++++++++++++
He is just a BF. They will not take too much into account of this. And if they do, then your DH is in real trouble, because they will really come down on him and his past.

BM is unable to support herself and her daughter without the help of her parents or her BF's parents, as she has only a part-time job and no education beyond high school.
+++++++++++++++++++
This does not matter one bit.

BM has done (and is doing) unethical things like lying, stealing, etc...however, BM has no legal record beyond a theft charge from several years ago. The lying is hearsay unless her parents testify on his behalf, which he does not want to ask them to do. BM is not an alcoholic or drug addict.
++++++++++++++++++++++
You can not prove this and your last sentence is why she will probably keep custody.

BM is not a good mother. His only hard evidence to support this is the fact that she moved three times last year, and so FSD attended three different school districts in one year. She is also blocking BF's attempts to enroll FSD in private school, though I don't know why, as he's paying for it.
+++++++++++++++++++++++
Does not matter a bit.

I hate to be the Debbie Downer, but I think with all that you have written, it is kind of foolish that your DH wants to take custody away from the BM. It is hard for a really good father to get custody. Your DH is portrayed as a really bad father, so I don’t see him having a chance. Sorry, JMHO.

Given that a judge should probably look at the CURRENT circumstances, and based on what you said, I would say he has as good a chance as anyone can have in court. It sounds like his issues are past and if he is currently stable and has a stable income and can provide stability for the child, then it makes sense that he should have custody. As long as the attorney isn't "guaranteeing" anything, then I don't think he's being taken for a ride.

It sounds like his issues are past and if he is currently stable and has a stable income and can provide stability for the child
++++++++++++++++++++++++
It usually takes a very bad turn in circumstances to take custody away from a mother. The mother has to almost be a drugged out skanky ho bag prostitute to lose custody. And them sometimes they still let BM keep custody.

This BM’s only thing wrong is a stealing charge “several” years ago. And she moved 3 times in a year. I am ALMOST possitive the courts will not view her as unfit for this.

A father, especially an alcoholic one with a history of child endangerment, fighting for full custody of his 10 year old daughter does not stand a very good chance. Why not ask for 50/50?

I agree with everyone (yourself included) that this is a waste of time, money, and effort for your BF. I had to re-read for a minute, cuz you sounded like you were me! haha

My DH has been sober almost 3 yrs, hit bottom after his last dui, but since there was never any child endangerment on record, I had NO RECOURSE against him when I looked into divorce several years ago (before sobriety), no matter how bad his record was with dui's, possession charges, etc. And my own lawyer told me that it didnt matter if my kids slept on the floor while with him, ate fast food the whole time, and didnt brush their teeth - the courts viewed a "relationship with their father" was all that mattered, and it wasnt up to me to decide what "good parenting" was. I was appalled.

I am also the breadwinner, and they told me that it didnt matter how he paid "his part" and that if I didnt watch it, badmouthing him would land my kids with him while *I* paid for it! I had to sound encouraging about keeping him in the picture. NOBODY cared about his addiction problems and history.

I was also told that I needed to do WHATEVER it takes to get the initial order the way I want it, because it's nearly impossible to change it once it's set, unless there is proof of danger. This is in Ohio.

So...I guess what I'm saying is, no judge will care what BM does while she has the kids or who she brings around them unless there is proof of endangerment (conviction), which it doesnt sound like there is. In fact, your BF has this against him. And like you said, a lawyer will gladly take his money. I would really try to press for at least a percentage chance??

Stepkate....Check your messages. I sent a private one.

It is possible.. DH has had sole custody of SS since he was 7mths old. BM has supervised visitation only and she tried about 3 years ago to get more and came out with less than she had. SS will be 9 in August. Be honest about the past and don't run off at the mouth. Actions speak louder than words. They would give a crack head BM the baby.. why not an Recovering alcholic.

There are only 2 ways I know of that the parent who was NOT the primary caregiver of the child before the separation will be named the primary custodian after the separation, & that is 1) if the primary caregiver CHOOSES to give up custody and/or abandons the child, or 2) the primary caregiver is so unfit that the child will be in danger remaining in their custody, & #2 requires a significant burden of proof on the petitioner.

That said, based solely on what you stated here I have no reason to believe that your BF has a strong case for reversal of custody. Good luck to him though!

By the way, things aren't always what they seem. As the sole custodian of my BS6 since birth, I lived in 4 different homes in 4 different STATES all before BS6 was 2 years old! When BS6 was 2 years old BF took me to court for FULL custody claiming instability because I'd moved so much & because I'd been unemployed most of that time. However, what the judge saw was that I moved the first time from living with a roommate in one state to becoming a homeowner in a neighboring state, to becoming unemployed due to conflicts between my workholic lifestyle prior to BS6 & my new parenting responsibilities to have to sell my house & move to yet another state to live with someone until I got a new job, & then finally to buying a house close to my new job in a neighboring state (only 30 miles away) where we've lived for the past 5 years.

Yes, the judge saw that I was actually trying to IMPROVE my situation for my child's benefit, & that I had succeeded. Of course it also didn't help that BF had been absent from BS6's life before filing & hadn't paid any CS (actually that's WHY he filed - an attempt to continue to avoid CS.) Oh, & BF had a prior DUI on his record too that I brought up in court but the judge considered that irrelevant vs. CURRENT actions.

Oops! Did I forget to mention we both represented ourselves? I wouldn't recommend that unless you're pretty certain you're going to win like I was. NOT very smart on his part.